Local and National Employment Law Update: Workplace Rights and Paid Leave | SmithAmundsen LLC

Many states are updating their labor rights and paid vacation laws. This blog discusses some of the most recent and crucial updates to local laws regarding paid time off and workers’ rights.

CALIFORNIA

The City of San Francisco amended its family-friendly workplace ordinance to require covered employers to provide those who have been employed for at least six months with predictable and flexible work arrangements to care for parents, children or other family members with serious health problems, unless such provisions would cause undue hardship to the employer. Employers who refuse the request for predictable and flexible work arrangements must engage in an interactive process with the employee to try to find a mutual agreement.

COLORADO

  • The Labor Standards and Statistics Division of the Department of Labor and Employment has made minor changes to its Whistleblower, Anti-Retaliation, Non-Interference, and Notice Rules (“Colorado Warning Rules”). The Colorado Warning Rules implement and enforce various Colorado employment laws, including the Public Health Emergency Whistleblower Act and the Healthy Families and Workplaces Act.
  • The State of Colorado updated its Public Health Rights in the Workplace Poster, effective June 1, 2022.

DELAWARE

The State of Delaware has enacted legislation (Senate Substitute 2 for SB 1) that establishes a family and medical leave insurance program, effective July 1, 2022. Effective January 1, 2025, covered employers must pay premiums into the program fund and pay for at least 50% of the contributions, at the rate of 0.4% for sick leave benefits, 0.08% for family care leave benefits and 0.32% for family care leave benefits. parental leave. Starting January 1, 2026, benefits are payable to eligible workers for up to 12 weeks in a 12-month period to care for their child after birth, adoption or foster care and until 6 weeks over a 24 month period. to care for their own or a family member’s medical condition or to deal with the impact of a family member’s military deployment. Benefits replace 80% of their average weekly salary during an approved period of leave, up to a maximum of $900 per week.

ILLINOIS

  • Effective January 1, 2023, Illinois will expand its child bereavement leave law under SB 3120. This leave will now cover a variety of family members and allow employees to use the leave when ‘they are absent due to miscarriage or stillbirth, unsuccessful intrauterine cycle. insemination or assisted reproductive technology procedure, an adoption match or surrogacy agreement that failed, a disputed adoption that was not finalized, or a diagnosis that negatively impacts the pregnancy or fertility.
  • Illinois SB 3146 revises state meal and rest break law to require at least 24 consecutive hours of rest per seven-day period (the requirement previously applied to a “calendar week”) and an additional 20 meal breaks minutes for each additional 4.5 consecutive hours worked beyond 7.5 consecutive hours. The legislation, which comes into force on January 1, 2023, also adds notification requirements and revises enforcement and penalty provisions.
  • Illinois amended its employee sick leave law to exempt certain railroad employees from coverage. The amended law, which comes into force on January 1, 2023, also provides that the rights granted under the law serve as a minimum standard in a negotiated collective agreement.

OREGON

The State of Oregon has enlisted new OSHA requirements:

  • Oregon has finalized a rule that aims to protect workers from wildfire smoke. The rule, which takes effect July 1, 2022, includes exposure assessment, training and documentation requirements and requires employers to stay in communication with employees exposed to smoke. Employers are required to use exposure controls, including engineering and administrative controls and the voluntary use of filtering facepiece respirators. The rule applies to public and private sector employers whose employees are/will be exposed to wildfire smoke when the concentration of fine particulate matter (PM2.5) in ambient air is at least 5 µg/ m3 (air quality index of 101 for PM2.5). The rule includes exemptions for enclosed buildings and vehicles.
  • Oregon has finalized a rule that aims to protect workers from work-related heat illnesses. The rule, which went into effect June 15, 2022, addresses several topics, including access to shade; drink water; high heat practices (including the development of heat illness prevention break schedules for certain temperature thresholds); emergency medical plans and action plans; acclimatization plan; heat illness prevention plan; training of supervisors and employees; and training materials. The rule applies to all workers covered by Oregon’s Safe Employment Act.

VIRGINIA

Effective July 1, 2022, the leave provisions for Deputy Registrars General will be revised to apply to Deputy Registrars General at polling places on election day or at election commission meetings after an election, to determine the results of an election.

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